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C-4595 - Contract for Waterfront Bulkhead and Seawall Repairs
CONTRACT WITH SURFSIDE RESTORATION & WATERPROOFING, INC. FOR WATERFRONT BULKHEAD AND SEAWALL REPAIRS j� THIS CONTRACT is made and entered into as of this Yn day of dif 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Ch ter City ( "City "), and Surfside Restoration & Waterproofing, Inc., a California corporation,( "Contractor') whose principal place of business is P.O. Box 352, Huntington Beach, California, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to repair deteriorated seawall joints and spalled concrete at the 26" Street street - end, the 36'" Street street -end, the end of public walkway next to 919 Bayside Drive, and along South Bay Front at Grand Canal East. C. City desires to engage Contractor to make Waterfront Bulkhead and Seawall Repairs ('Project "). Contractor has agreed to perform the Project over a ten (10) working -day period at each work location, commencing approximately on August 9, 2010, or upon notice to proceed, provided the prevailing daytime tide during work hours is 1.00 M.L.L.W or lower. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. As such, Contractor shall perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards' shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 2. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Contractor shall complete the Work within the time set forth in this Section. The failure by Contractor to meet the deadline of December 31, 2010, may result in termination of this Agreement by City and assessment of damages as outlined in Section 2.1. 2.1 The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the work called for in this Agreement on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of Two Hundred Fifty Dollars ($250.00) for each calendar day beyond the date scheduled for completion provided in Section 2 of this Agreement assuming that the Contractor has access to the space on August 9, 2010, as described herein. Execution of this Agreement shall constitute agreement by the City and Contractor that Two Hundred Fifty Dollars ($250.00) per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. k> lK�l rTd d ZI Z 61311 f 17 .1 As full compensation for the performance and completion of the Project as required by the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of Twelve Thousand, Nine Hundred and Twenty and 001100 Dollars ($12,920.00). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. The City shall make progress payments as the Project work proceeds based on the percentage of Project work completed. The cost of materials and equipment delivered and suitably stored offsite for subsequent incorporation in the Project work shall be included in progress payments. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4. ADMINISTRATION This Agreement will be administered by the Public Works Department. Fong Tse shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 5. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE 5.1 Contractor shall use only the standard materials described in Exhibit A in performing services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator. 5.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 6. RESPONSIBILITY FOR DAMAGES OR INJURY 6.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subconcontractors, or its workers, or anyone employed by either of them. 6.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against: (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the perfonmance of services or work conducted or performed pursuant to this Agreement; (2) use of improper materials in performing this Project including, without limitation, defects in workmanship or materials and /or design defects; and /or (3) any and all claims asserted by Contractor's subconcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, ifs officers or employees. 6,4 GQnUaGt4r. shall perform all Pr-qiect work in a manner to minimizg. public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public properly damaged during the performance of the Project work. 6.5 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 6.6 Nothing in this section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Agreement, except to the extent provided in Section 6.3 above. 6.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 7. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 8. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 8. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit or performance of any work. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. mature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. O Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the - l +s of_ttte.State of California for all_of.the subcontractor's employees Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar 4 days (10 calendar days written notice of non - payment of premium) written notice has been received by City. Timely Notice of Claims. Contractor shall give City prompt and timety notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 10. BONDING Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit B which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibits C which is incorporated herein by this reference. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the Sate of California. 11. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 7034774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 12. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 13. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 14. CONFLICTSL OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 15. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Fong Tse Public Works Department City of Newport Beach Newport Beach, CA, 92660 Phone: 949344 -3321 Fax: 949- 6443308 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: John Elders Surfside Restoration & Waterproofing, Inc. P.O. Box 352 Huntington Beach, CA 92648 Phone: 714 - 374 -7600 Fax: 714- 374 -7601 16. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 17 18. 19. 20. 21 22. 23. 24. 25. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal Agreement or implied covenant shall be held to vary the provisions herein. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. WARRANTY Contractor agrees that the work installed pursuant to this year warranty as specified in Standard Specifications for and incorporated in full by this reference. 7 shall be covered by a one (1) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FOR Assistant City Attd(999 for the City of Newport Beach ATTES i Leilani I. Brown City Clerk ,' OIL) KI, CITY OF NEWPORT A Municipal Corpo�4 .Paaum, :Iublic Works of Newport Beach CO T CTOR By: (Corpora' Officer) Title: �•� Print Name: —�S a� 5 pct q-.QII? P� t (Financial Officer) Title: Print Name: Please note: Corporations must complete and sign both p/aCeS above even if each office is held by the same individual Attachments: Exhibit A - Scope of Services Exhibit B - Labor and Materials Payment Bond Exhibit C - Faithful Performance Bond 0 CITY OF NEWPORT BEACH :� rrr: FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ i8A on being at the rate of $ an. on thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Surfside Restoration & Waterproofing, Inc. hereinafter designated as the "Principal," a contract for the Bayside Drive Waterfront Sidewalk Repairs, located at P.O. Box 352 in the City of Huntington Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and U. S. SPECIALTY INSURANCE COMNY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Twelve Thousand, Nine Hundred Twenty and 001100 Dollars ($12,920.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and. truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specked, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. 11 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 9TH day of JULY , 2010. X6 r-�IWer.5 Surfside Restoration & Waterproofing, Inc (PrincipaQ P S SpycTAi X INSURANCE COMAiav Name of Surety 625 THE CITY DRIVE SOUTH, SUITE 130 ORANGE, CA 92868 Address of Surety 714 -740 -7000 Telephone Auth ' d Signature/Title S Authorized Agent Signature PAUL S. DITO, ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE ATTACHED 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •�':\eT2.�. State of California County of Orange On .IDLY 9TH, 2010 Date personally appeared _ before me, Chris Theveny, Notary Public Here Imerl Name and Title of the Qfhwr Paul S. Dito Wr C14 IMP THE 171r Commlrtton • 1747T07 i Notary Pwbllc - Caufamla Orange C 3 Cantu Amt Mace Notary seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/heir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond No. 10001143954 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Paul S. Dito • Individual • Corporate Officer—Title(s): • Partner— ❑ Limited ❑ General _ � Attorney in Fact • Trustee Top of thumb here • Guardian or Conservator "z " z ❑ Other: Signer Is Representing: 9 S. Specialty nsurauce Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUA1BPRINT OF SIGNER 0 02W7Netlwrelrbtary AStodafion- 9350DOSO & V., P. O.Bmc2d02•Cl>,rtrroM,CA91313-242 ..NafttMNotaryorg ft= 459D7 ReoaWCell7dA1F 1900876fi827 PO! OF ATTIOMR - WMRICAN CONT%ACTQkS NIAMNITY COMPk&%WXA§§WDING COMP", UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas B~W04,w assumed namcIeofiwAmeQqi tractors Indemnity Company of the State of Califoy-mq=mv—_C4Paatra; Offath-WWWRON-ates Surety ffFmM 2-12WArporation and U.S. Specialty Insurance Company, fog V '%&I16 4i_,Z4y/ihe tCornpanies"), do UF;ges—c p —er44WE—constituted and appoint: Paul S. Into, Paula LaSalle, Denise Renderes, Chris Theveny, Khoi Tran, Freddy Anvari, Carmina MaTas or Maricela Lares of Orange, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority he n S, recognizanc Ws _mby_wnfi;W�� name, place and stead, to execute, acknowledge and defiv"ny Au(kfto d Lde A aa - ah or contracts of surteythip to include riders, $M_ of d#e&._ lteweed *****Three Million***** Wfars($. !Vis Power of-Attomey shall expire without further action on December Y,-7-2012. This-Power of Attorney is grinted-iiinder i6d by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-president, any Secretary or any Assistant Secretary shall be and i&herebrvagi6d with full power and,7authopity-M a any one or more suitable persons as Attomey(s)-in-FarLt e*m!K_ hereby .. ..." _. — _ K :... - — � ..-. 'a" — __ __ 7- "act 4 ridofi-behalf of the Company to the-fibIbmdag provisions: orney In-Fact may be given fulf�oweFand authority for and in the name of and on behalf of the Coftany`,—fo execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments ag=c&gLAdpd by any such Attorney -in -4ftliK be binding upon the CompaWs_jCajgncd by the President and sealed .an i. mp M(Mp4mWe Secretary nt W,_�u �nu & WA EM Mfthe signature of' 41 .01 r and seal of th nirq r e or hereafter aMq Won NWM _Yp &of attorney or any certificate relating thereto by facsimile, and any power rfattonney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. ES OF, The Companies Gave cAusedghis instrument to be ire ant ei,.V orate seats to be hereto afftxail,;� o gL M EMMA 4VA Ki fa COM 969DING COMP ERICAN CO?4@Pj@R@1S'0WfflNITY P W UNITED STATES COMPANY U.S. SP ALTY INSURANCE COMPANY- Corporate Seats P. Aguilawsla-yew em A miftagF LV �M ir-,RF TRIM T0 Los Angeles On this 15'h day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contrwtors Indemnity Company, Texas Bonding Company, United States Sure Company and U.S. Specialty Insurance C-- mry� CM�tomeonthqka��fUnd7o-e-Wencetobe�I 09 81.,,subscribed tqAh qTffltl� $tltutbtA J is lififfill ffit� me that he UPM sMdaailtyis authorize s signature r tm'ty ted, execute auk to i"76; 7t upon behalf 6Widsftemon-Wac I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M ma Z4. gmry rdft - Clow Co" Gomm exp"v ow.s. mo 1. 1, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, r executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, saft h A ktlo�pcy ar(un N am-U— 4A 4AV ? ER � the seals of s 111110 -Angeles, Calif �Wqw�w� ar 2010 'lug Corporate Seals -dFAJ. 143m, Ass CITY OF NEWPORT BEACH BOND NO. 1000843954 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Surfside Restoration & Waterproofing, Inc., hereinafter designated as the "Principal," a contract for the Waterfront Bulkhead and Seawall Repairs, located at P.O. Box 352 in the City of Huntington Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, R. S. SPECTALTY TNSUEANCR COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as °Surety°) are held firmly bound unto the City of Newport Beach, in the sum of Twelve Thousand, Nine Hundred Twenty and 00 /100 Dollars ($12,920.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Califomia Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 9TH day of JULY 2010. X 40 0 EI Q �f-: Surfside Restoration & Waterproofing, Inc. (Principal) D. S. SPECIALTY INSURANCE CONPANY Name of Surety 625 THE CITY DRIVE SOUTH SUITE 130 ORANGE, CA 92868 Address of Surety 714-740-70011 Telephone Auth ' ed Signature/Title 54 -�� Authorized Agent Signature PAUL S. DITO, ATTORNEY_IN_FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE ATTACHED mi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c�r.rs..,,a.,.sa:: �. c»_�C.�T. �L'•aG.s�C.:�L.�t'•at.�v:. • c t,.cav!�3C�. ..�.t;51U u,.0>,Sa• s� c, >.:>i' r.. ac,4.,a ,?� . C...... . ,.oC:aY�iw sa�+ivaf a State of California 1 County of Orange J} On _JZ11.Y 9TH. 2010 before me, Chris Theveny, Notary Public care Mere Insert Name and Tda d Me Officer personally appeared Paul S. Dito Namelst of sgner(s} -- - CHRIS THEVEW CommMton N 1797107 JJW Notary Public . Catill Orange County Carm�B M. ?2012 Ptaoe Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing aragraph is true and correct. /% WITNESS my Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this tone to another document. Description of Attached Document Title or Type of Document: Rnnd No. 1000843954 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Paul S. Dito ❑ Individual • Corporate Officer— Title(s): — ❑ Partner —❑ Limited ❑ General 39c Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Siggner Is Representing: 11. S. Specialty assurance Company Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): _ • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUP +iB""I 4T GF SIGIJER ®20D7 National Notary Aasmlabw• 9350DeSto Aee.,P.a Etox2A02•Cbahw .CA913134602•www.naftwNolaryatg &e+n MW7 Raortler.Call Ttl4Rae 1AOOE]Gb92] AV POWER OF ATTQR M M ok" �1_ WERICAN CONTRACTOkSINDEMNITY COMPXW _74- WWDING COMPAV UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas BM A�n assumed itamaggitpMaes'd tioul _uf_�F_tractors Indemnity Courpany of tlic State of Califogigip antes Surety go orporation and U.S. Specialty Insurance Company las WW -GAM 6!.iiMompanies"), do 05 pimse ntrim—fl—W, constituted and appoint: rt Paul S. Dito, Paula LaSalle, Denise Renderos, Chris Theveny, Khoi Tran, Freddy Anvarl, Cartnina Macias or Maricela Lam of Orange, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority her!-,b d-Ail its name, place and stead, to execute, acknowledge and deliver any #pelsgMonds, recognizanqg, undertak* .- LgqnfeW Whts of suret M=` " r�- F"sfifiwMdK or co o Include riders, awn t°% Fm - in VP contracts of suifeyihip t 7*@afb d esmbt ztxeeeed *****Three Million***** Oars ($ Vis Power of Attorney shall expire without further action on December 8TI012�.This Power of Attorney is grarited-u-n-der and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall - be and is hereby: -vested with full power and, ily im A; �h or zW&jnt any one or more suitable persons as Attomey(s)-in-Fa gmLandL_ e0ttG4116ft011ff -a(AV& aric o"ohalf of the Compa** _W ft Provisions: Wflorney-In-Fact may be given full power-Trid authority for and in the name of and on behalf of the CdfilpariTTo execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments sci-executed ed by any such Attorney-in-Fact,shall be binding upon the Cqonnpaqjas ed by the President and sealedogg., L .f��te Secretary r Ps lmj OR jk '&ttt �jea�.jMj5ejand seal of th fb%Wpowe %W%069�tme signature oF*',a #I eMuM or hereafter aftNN a a6mey. or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing fics hnile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN W The Comparks haXe ca!jsW_4Ns instrument to be s it and lt, p orate seals to be herein affirm tltxsa. -tt 1 .4 U -RNITY COMP ING COMP �_Mff� AN C014 W"' 005 U E UNITED STATES"SURFTY COMPANY U.S. SPidALTY' INSURANCE COMPANY Corporate Seals An ig; �;= M2 raiuel P. Aguilar Vice e�ei[F %1 go 93L_ IEULmty�ffl,ofAngeles SS: On this 150' day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding _4 ding Company, United States Sure ompany and U.S. Specialty Insurance C yIA*j*Wto me on thews maftfabEffidence to be (IN i ubscribed tqAe�s� A WWWme that he authorized" -i is signature affliffffis�lllllelW 8fto r & �tffity upon behalf 6§0 ic �_e&n(ijlcted, executed I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. '4 WR`NT ff PL*ft � own MRS afal =2; 4, gy --o 1, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed bX said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Director have here iii[ &wAgff ad idind the seals of s�ff p o" ie4*1 Los Angeles, Cali 2016.• Corporate Seals All I %B Mtn, Assipa CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INFORMAL BID WATERFRONT BULKHEAD AND SEAWALL REPAIRS To the Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read, and will comply with the instructions and requirements listed on the Informal Bid Invitation Letter, has examined the Drawing Details and Payment Descriptions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4475 in accordance with the attached requirements, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE t. Lump Sum Mobilization @.11"t) Dollars and CO IIou Cents Per Lump Sum 2. Lump Sum Traffic Control Dollars and eo1sn Cents $ Soo Per Lump Sum 3. Lump Sum Best Management Practices @1"."—Dollars and ooze. Cents $ AS6' Per Lump Sum PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 80 S.F. 5. 210 L.F. 6. 50 L.F Spall Repair _D.oll -and d�� 6 Cents $ Per Square Foot Seawall /Coping Vertical /Horizontal Joint Seal Dollars and oo \wo Cents Per Linear Foot Coping Horizontal Crack Repair @`-Cua•+f `N„a Dollars and Cents $ dg,00 Per Linear Foot $ J $ 2� Ml` TOTAL PRICE IN WRITT I, WOO Dollars and °°ibo Cents $_ )a,Qj 00 f2 920 11 Z Total Price (Figures) Des - atI �ly 3-1ti --icy ::Tku ti1K -�coo� Bidder's Telephone and Fax Numbers -h-s - I [a, , C Bidder's License No(s). and Classification(s) Bidder's email address: Bidder ei r s Authorized Signature and Title Bidder's Address FromAlelissa F&AD: Page 5 of 5 Date:5/32010 09:38 AM Page:5 of 5 i CERTIFICATE OF LIABILITY INSURANCE OP ID MC DATE (MM DD �'YYI SURFS -2 1 04/30/10 r7'.863 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION unter Insurance Services, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE gency Lic# OD94594 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR La Mesa Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. a Mesa, CA 91941 Phone:888 -815 -7639 Fax:619 -465 -1926 Surfside Restoration 6 Waterpr Sohn Elder 7117 T.akA At Huntington Beach CA 92648 COVERAGES INSURERS AFFORDING COVERAGE INSURER 8: INSURER C INnrIRfR () NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO IRE INSURED NAMED PROVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING MY REQUIREMIENT, TERM OR CONDITION OF MY COMPACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR My PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ADD CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR Ns TYPE OF WSURANCE POLICY NUMBER DATE(=ONYYY) DAT61MM1DOIYYYYf LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY -.. CLAIM5 MADE a OCCUR FEC610 O 1064- - - 11/21/OS. -- 11/21/10- EACHOCCURRENCE $ 1000000 PREMISESIEaoccurOMO - $ 100000-- - MED IxP IAny one person] $ 5000 PFRR0NA1 RADV INA IRY $ 1000000 GENERAL AGGREGATE $2000000 GEM. AGGREGATE LIMIT APPLIES PER X POLICY jE�T LOC PRODUCTS - COMPIOP AGG $ 1000000 At RDMORII F I IARII TTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONOWNED AUTOS INSURM E �� �L` A APPRO "AA�I'�A T ^'[ f' ,v` �� IYLD JlryblL LIMI IEa Ea w accidenq $ BODILY INJURY (Par pelsonl $ A'ar acc.N.II IRY j POOPEadant] PCOPERTV CWn43E (Par aCCIBenI) $ GARAGE UABILffY ANY AUTO ALTO ONLY - EA ACCIDENT $ OTHER MAN EAACC AUTO ONLY AGG $ $ EXCESS / UMBRELLA LIABILITY ocean � cI NMe MMP DEDUCTIBLE RCTEN71ON $ EACH OCCURRENCE $ nccnar_sTV $ S $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YI N ANY PROPRIETOR/PAMNERFYECUTIVE OFFICERIMEMBER EXCLUDED (Mandatory In TIM It yes. tlescnbe antler SPECIAL PROVISIONS belaw 7OWC LIMITS ER E L EACH ACCDENT $ EL DISEASE - EA EMPLOYEE $ EL DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES 1 EXCLU$IONS ADDED BV ENDORSEMEMTI SPECIAL PROVISIONS Cancellation: 10 day non -pay, 30 days all others City of Newport Beach, its elected or appointed officers, officials, employees, agents, and volunteers are named Additional Insured with respect to General Liability, per attached endorsement. CERTIFICATE HOLDER CANCELLATION ACORD Z5(ZUU9 /01) r WjVt U- 2TnEj/jFGNId-eVNFL1MATi,JN. Anrignrsreserveo. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CAMCELL SO HEFORE THE EYPIRATION CITYOF DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Newport Beach IMPOSE ND OBLIGATION OR LIABILITY OF ANY KWD UPON THE INSIWER, ITS AGENTS OR Public Works Department Fax: 949.644.3318 REPRESENTATIVES. AUTHORIZED R RE EMATVE 3300 Newport Boulevard e ort Beach CA 92658 ACORD Z5(ZUU9 /01) r WjVt U- 2TnEj/jFGNId-eVNFL1MATi,JN. Anrignrsreserveo. The ACORD name and logo are registered marks of ACORD Frortr.(Aelissa SaxID: Page 2 of 5 Date 513/2010 09:33 AM Page:2 of 5 Policy # FEC61001064 COMMERCIAL GENERAL LIABILITY Effective Date 11/2112008 CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a. contract or agreementthat such person or organizationbe added as an additional insured on your policy. Such person or organizationis an additional insured only with respectto liability for "bodily injury ", "property damage" or "personal and advertising injury" Frorrm.Melissa FiaxlD Page 1 of 5 Date:S/32010 09:38 AM Pagel of 5 POLICY NUMBER: FEC61001064 COMMERCIAL GENERAL LIABILITY Effective Date: 11/2112009-- - CG 20 37 07 04 - - -- - -- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS COMMERCIAL WORK ONLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As Required By Written Contract For Commercial Work Only Information iequirwa to complete this Schedule, if not shown above, will be sl iown in the Declal ations. Section 11 — Who Is An Insured is amended to include as an additional insured the person($) or organization(s) shown In the Schedule, but only with respect to liability for "bodily Injury' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - rnmpletari nperatinns hazard ". FronWelissa FaAD: Page 2 of 5 Date:W=10 09:38 AM Paget of 5 Policy # FEC61001064 COMMERCIAL GENERAL LIABILITY Effective Date 11121/2008 CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READIT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writingin a contractor agreementthat such person or organizationbe addedas an additional insured on your policy. Such person or organizationis an additional insured only with respectto liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions. of 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured. A person's or organization's statuses an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respectto the insurance afforded to these additional insureds, the following additional exclusionsapply This insurance does not apply to: 1. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failureto render, any professional architectural. engineering or surveying services, including: a. The preparing, approving, or failingto prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawingsand specifications, or b. Supervisory, inspection, architectural or engineering activities 2. "Bodily injury" or "property damage' occurring after: a. All work, including materials. parts or equipment furnished in connection with such work, onthe project (other than service, maintenanceoi iepairs)to be peiformedby Cron behalf of the additional insured(s)at the location ofthe covered operationshas been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended useby any person of oiganizationothei than anothei contiactoror subcontractor engaged in performing operationsfor a principalas a part of the same project. FroM:Melissa FaxlD Page 3 of 5 Date:513M 10 09:38 AM Page:3 of 5 POLICY NUMBER: FEC61001064 COMMERCIAL GENERAL LIABILITY IL 12 01 11 86 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READrr CAREFULLY. POLICY CHANGES Policy Change Number POLICY NUMBER POLICY CHANGES COMPANY FEC61001064 EFFECTIVE United Specialty Insurance Company 11/21/2009 NAMED INSURED AUTHORIZED REPRESENTATIVE Surfside Restoration & Waterproofing, Inc COVERAGE PARTS AFFECTED: Commercial General Liability Primary Insurance / Excess & Non - Contributory Wording This endorsement modifies insurance provided under the following: The Additional Insured Endorsement - BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (CG2033 07/04) is amended to included the following: C: Coverage provided by this policy to the Additional Insuied(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess a nd non - contributory, but only if required of the Named Insured by an "insured contract'. IMG4001 01/08 Page 1 of 1 Revised 4 -25 -08 From:(Nelissa FaxID Page 4 of 5 Date:S/32010 09:38 AM Page:4 of 5 POLICY #: FEC61001064 COMMERCIAL GENERAL LIABILITY Effective Date: 11/21/2008 GO 24 0410,%3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Thisendorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All clients of the insured where required by written contract. (Ifno entry appearsabove, information requiredto completethis endorsement will be shown in the Declarationsas appiicableto this endorsement. ) TheTRANSFEROF RIGHTSOF RECOVERYAGAINST OTHERS TOUS Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amendedby the addition of the following: We. waive anv rinht of recovery we may have anainst the Person or ornanizationshown in the Schedule above because of paymentswe make for injury or damage arising out of your ongoing operations or "your work" done under a contractwith that person or organization and included In the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 © Insurance Services Office, Inc., 1992 1 of 1 ACERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS'CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois 0 STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM OOUfb Y MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, or ® STATE FARM INOEMNITY COMPANY of Bloomington, Illinois has coverage in fort* for the fallowing Named Insured as shown below: NAMEDINSURED: ELDER, JOHN 5 CHRISTINE C' DHA Sor:s LCe Res,, ra Lion tr Wacecyroofing, Inc. ADDRESS OF NAMED INSURED: 737 TAUE ST HirtiTTNGTIti BCH C'A 52 64S POLICY NUMBER i EFFECTIVE DATE OFPOLICY 07114/2610 01/14/27 ;1 DESCRIPTION OF 06 DODGE PAM VEHICLE(Including VIN) 2500 31)7KS29C46G142535 LIABILITY COVERAGE ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO I LIMITS OF LIABILITY a. Bodily Injury Each Person I I Each Accident b. Property Damage Each Accident I c. Bodily Injury & Property Damage I Single Limit Each Accident 1 Million PHYSICAL DAMAGE COVERAGES I EYES ❑ NO Q YES ❑ NO ! ❑ YES ❑ NO ❑ YES ❑ NO a. Comprehensive $ .i Ut7G . Dedudible 1 S Deauctlole ' S Dedual�le $ Deductible I NYE S �_..r ❑ NO [] YES ❑ NO ❑ YES ❑ NO ❑ YES ONO b. Collision j �.__M" $ -- Deductible : $ Oedcct:bfe _. „..... _.__._ Deductible I _S Deductible I _. � Er,APLOYERS NONGWNEb I CAR LMILITY COVERAGE ❑YES ❑ NO ❑YES Q NO ❑ YES ONO ❑ YES ONO l HIRED CAR ltABlll COVERAGE YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO [:]YES ❑ NO FLEET - ,COVFrRAGE F6R ALL OMED AND LICENSE TOVBHIQI�s YES ❑ NO ❑YES Q NO ❑YES Q NO I ❑YES ❑ NO Turk` kg<rYs Coda NumEer Date _ Name and Address al _Ayety_ - -_ Bul:be.ai C: ty, AZ 354:2 INTERNAL STATE FARA4 USE ONLY LI Request pertnenent Certificate or Insurance for 6aolitly coverage 122424.2 Rev. 06�lo.2Wa 0 Request Certificate Hostler to be added as an Additional Insured ISSUE DATE: 05 -13 -2010 CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF NEWPORT BEACH SG PUBLIC WORKS SPECIALIST, PUBLIC WORKS DEPT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3816 GROUP: 000713 POLICY NUMBER: 0023944 -2009 CERTIFICATE ID: 26 CERTIFICATE EXPIRES 01 -01 -2011 01- 01- 2010/01 -01 -2011 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 25 DATED 05 -04 -2010 JOB:ALL CALIFORNIA OPERATIONS This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of 'insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. •� O �th,rmadpresentative Ql Interim President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - ELDER, CHRISTINE R SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #1600 - ELDER, JOHN PRESIDENT - EXCLUDED. ENDORSEMENT #2066 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -01 -2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2010-05 -13 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER SURFSIDE RESTORATION 14 WATERPRFING, INC PO BOX 352 HUNTINGTON BEACH CA 92648 LIC-1 IJG8,CSj (REV. 1.2010) PRINTED : 05 -13 -2010 SG CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 07/19/2010 Dept. /Contact Received From: Shauna Oyler Date Completed: 07/20/2010 Sent to: Shauna Olyer By: Michelle Ross Company /Person required to have certificate: Surfside Restoration & Waterproofing I. GENERAL LIABILITY A. INSURANCE COMPANY: United Specialty Ins. Co. B. AM BEST RATING (A-: VII or greater): "A "(VIII) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: State Farm Mutual Automobile B. AM BEST RATING (A-: VII or greater) "A + + "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. +�rI�S:��x:% • » � � s e u A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A-: VII or greater): n/a C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL) Carrier is not admitted to the State of Calif. Approved: Agent of Brown & Brown Date Broker of record for the City of Newport Beach ® Requires approval/exception/waiver by Risk Management 141AD B &B initials Comments: GL carrier is not admitted, as noted above. Approved: Risk Management Date ❑ Yes ® No